June 2024 Agenda

NOTICE AND AGENDA

Commission Meeting

Fair Political Practices Commission

California Fair Political Practices Commission
1102 Q Street, Suite 3800
Sacramento, CA 95811

Thursday, June 13, 2024
10:00 A.M.

View Agenda as PDF

Public comments may be submitted in real time by 

following the link to our new public participation portal!
http://mediasite.fppc.ca.gov/

 

Under Government Code section 11123(a), all meetings of a state body are open and public, and all persons are permitted to attend any meeting of a state body, except as otherwise provided in that article. The section further states that the portion of the teleconferenced meeting that is required to be open to the public must be audible to the public at the location specified in the notice of the meeting. Members of the public may listen to the meeting by phone by calling (669) 444-9171; meeting ID 9856036268 or watch the meeting via Webinar at YouTube. To participate in real time, visit http://mediasite.fppc.ca.gov/ or call (669) 444-9171; meeting ID 9856036268.

To view the new procedure to participate by telephone, visit our public comment page.

Persons who, due to a disability, need assistance in order to participate in this meeting should, prior to the meeting, contact the Commission Assistant at (916) 322-5745 (voice), CommAsst@fppc.ca.gov (e-mail) and ADACoordinator@fppc.ca.gov. TTY/TDD and Speech-to-Speech users may dial 7-1-1 for the California Relay Service to submit comments on an agenda item or to request special accommodations for persons with disabilities.

The Commission may take action on any item listed on this agenda.   

Welcome

Adam E. Silver, Chair

1. Public Comment

1. Public Comment for Items not on Agenda. During this comment period, any person is invited to speak on any topic that is not listed on this agenda. Action may not be taken on any matter raised during this public comment period until the matter is specifically listed on a future agenda. Those who wish to comment on an item that has been listed on this agenda may comment when that item has been opened for consideration by the Commission and before any action is taken.

2. Approval of Commission Minutes

3-4. Consent Calendar

Default Proceeding
Default Proceedings Requesting Commission Action

3. In the Matter of Ramos for City Council 2018, Committee to Elect Daniel Ramos Adelanto City Council 2020, Daniel Ramos, Ricardo Ramos, Arley Arsineda; FPPC No. 19/464. Staff: Alex Rose, Senior Commission Counsel and Ann Flaherty, Special Investigator. Daniel Ramos was an unsuccessful candidate for Victorville City Council, in the November 6, 2018 General Election and the successful candidate for the Adelanto City Council, in the November 3, 2020 General Election. Ramos for City Council 2018 (the “Victorville Committee”) and Committee to Elect Daniel Ramos Adelanto City Council 2020 (the “Adelanto Committee”) are Daniel Ramos’ candidate-controlled committees. Arsineda served as the Adelanto Committee’s treasurer. The Committees, Daniel Ramos, and Arsineda failed to timely file a statement of organization, sixteen semi-annual campaign statements, and four pre-election campaign statements, in violation of Government Code Sections 84103, 84200, 84200.5. (13 counts). Additionally, the Adelanto Committee, Daniel Ramos, and Arsineda failed to establish, maintain, and utilize a campaign bank account, in violation of Government Code Section 85201 (1 count). Total Proposed Penalty: $57,500.

Ramos - Default

4. Updated Campaign Disclosure Manuals 3 - 7. Staff: Chloe Hackert, Education & External Affairs Unit Manager, Legal Division. Campaign disclosure manuals have been revised to reflect recent changes in legislation and Commission regulations with updates to campaign contribution limits, limited liability companies (LLC) disclosure requirements, cryptocurrency contributions, excessive contributions, advertising disclosure requirements, and other non-substantive technical changes.

Staff Memo
Manual 3
Manual 4
Manual 5
Manual 5 - Updated 6/12/2024
Manual 6
Manual 6 - Updated 6/12/2024
Manual 7

Comment Letter - KC Jenkins, CPAA Regulatory Committee

5-11. General Items

5. Prenotice Discussion of Proposed Amendments to Regulations 18991, 18993 and 18994, Audits and Investigations. Staff: Jack Woodside, Senior Commission Counsel, Legal Division. The proposed amendments to Regulation 18991 will exclude certain jurisdictions from the audit draw process under Regulation 18993 to avoid duplicative audits, while the proposed amendments to Regulations 18993 and 18994 will clarify their application to audits performed by the Commission. The proposed amendments are presented for discussion and direction by the Commission and will be presented for adoption at a subsequent meeting.

Staff Memo
Proposed Amendments of Regulation 18991
Proposed Amendments to Regulation 18993
Proposed Amendments to Regulation 18994

6. Adoption of Proposed Repeal and Adoption of Regulation 18392.3, Honorarium Ban Exception, Definition of "Predominant Activity." Staff: Karen Harrison, Senior Commission Counsel. Staff presents proposed amendments to the definition of “predominant activity” to expand the exception to the honorarium prohibition permitting an official to receive payment for a speech when the activity of the official’s bona fide business, trade, or profession is not predominantly making speeches. Additional nonsubstantive changes are proposed to reorganize the regulation’s existing language for clarity. The proposed regulatory changes are presented for adoption by the Commission.

Staff Memo
Proposed Adoption of Regulation 18932.3
Proposed Repeal of Regulation 18932.3

Comment Letter - Gary Winuk, Kaufman Legal Group
Comment Letter - KC Jenkins, CPAA Regulatory Committee

7. Adoption of New Regulation 18450.10 and Amendment of Regulation 18450.9, Website Advertisements Disclosure Requirements. Staff: Katelyn L. Baeta-Orick, Commission Counsel, Legal Division. In response to Senate Bill 678, staff proposes adopting Regulation 18450.10 to clarify the application of the new disclosure requirements for advertisements posted on a website or social media application by a paid third-party “influencer.” Staff also proposes amending Regulation 18450.9 to remove language that is no longer necessary due to SB 678. The proposed regulatory changes are presented for adoption by the Commission.

Staff Memo
Proposed Adoption of Regulation 18450.10
Proposed Amendments to Regulation 18450.9

8. 2023/2024 Fiscal Year Third Quarter Expenditure Report. Staff: Jue Wang, PhD, Acting Chief of Administration.

Third Quarter Expenditure Report

9. Legislative Update. Staff: Lindsey Nakano, Senior FPPC Legislative Counsel. The Commission will review and discuss potential sponsored and other legislation. The Commission may provide direction to staff regarding the same.

Legislative Update

10. Executive Staff Reports.
Enforcement Division. James M. Lindsay, Chief.
Audits and Assistance Division. Shrdha Shah, Chief.
Legal Division. Dave Bainbridge, General Counsel.
Administration and Technology Division. Jue Wang, PhD, Acting Chief.
Executive Director Update. Galena West, Executive Director.

Executive Staff Report

11. Commissioner Comments and Proposed Future Agenda Items.
Note: Although any Commissioner may identify a topic of interest, the Commission may not substantially discuss or take action on any matter raised during the meeting that is not included on this agenda, except to decide to place the matter on the agenda of a future meeting. (Government Code Sections 11125 & 11125.7(a).) 

Additional Information

[1]You can obtain further information about the meeting by contacting the Commission Assistant, 1102 Q Street, Suite 3050, Sacramento, CA, 95811, Tel. (916) 322-5745. Written comments on agenda items should be submitted to the Commission no later than 12:00 p.m. the day before the meeting in order to afford the Commissioners adequate time to fully consider the comments. Email comment letters directly to CommAsst@fppc.ca.gov. To participate in real time, visit http://mediasite.fppc.ca.gov/.

The agenda and related documents are posted on the FPPC website at www.fppc.ca.gov. Materials submitted by the public regarding each agenda item will be made available on the website. The Commission makes every attempt to post ADA compliant documents. If there is a document that is not compliant, please email the Commission Assistant requesting an ADA compliant version. 

Members of the public may listen to the meeting by phone by calling (669) 444-9171; meeting ID 9856036268; or watch the meeting via Webinar at YouTube.

The meeting location is accessible to the disabled. Persons who, due to a disability, need assistance in order to participate in this meeting should, prior to the meeting, contact the Commission Assistant at (916) 322-5745 (voice), CommAsst@fppc.ca.gov (e-mail) and ADACoordinator@fppc.ca.gov. TTY/TDD and Speech-to-Speech users may dial 7-1-1 for the California Relay Service to submit comments on an agenda item or to request special accommodations for persons with disabilities. Please allow three business days between the request and the meeting date.